NEW TRIAL-(continued.)

practice as to obtaining judge's notes, iv. 83

in cases tried in Court of C. P. at Lancaster, id.

application of Reg. Gen. Hil. T. 2 W, 4, reg. 64, id.

2. Time of Moving for New Trial, iv. 84

must be made within four days after distringas returnable, id.
four days, how reckoned, id.

when Court will allow motion after expiration of four days, id.

in cases where cause tried during term, id.

on issues, id.

when moved for in wrong Court, id.

practice on moving for in Hilary and Trinity Terms, id.

the like as to Easter and Michaelmas, iv. 85

of giving notice to judge who tried cause, id.

irregular to make two motions in same cause, id.

rule in Rolls Court as to hearing counsel on motions for, id.

cannot be moved for after arrest of judgment, id.

practice in such cases, id.

nor after bill of exceptions tendered, id.

nor after allowance of writ of error, iv. 86

affidavits in support of, id.

cannot move to enter nonsuit unless leave given, id.

production of sheriff's notes on motion for, id.

notes how to be verified, iv. 86, 87

in cases where judge certifies for immediate execution, iv. 87 consequence of judge being satisfied or dissatisfied with verdict, id. when or not costs are payable on motions for, iv. 88

generally in discretion of the Court, id.

decisions as to costs, iv. 88 to 91

costs in particular cases, iv. 90

practice on setting cause down in new trial paper, iv. 91
practice on showing cause, id.

production of judge's notes, id.

rule for cannot be reargued, id.

of showing cause on day named, iv. 91, 92

of taking cause down for second trial, iv. 92
amendments when allowed, id.

of the new trial itself, id.

when a new nisi prius record necessary, id.

when defendant may take down record by proviso, id.

jurors on new trial must not be one of former jury, iv. 93

NEXT OF KIN. See Executors. Ecclesiastical Courts.

proceedings by and against, ii. 503, 504; iv. 137, 138, 141, 149
form of advertisements for, i. 451, 454, 455

NIGHT,

what is night in burglary, i. 411

in night poaching, i. 411, 627

in game act, i. 403; see tit. Game.

NIGHT POACHING ACT. See Poaching. Night. Game. apprehension of offenders under, i. 626, 627

remedies and punishment for, i. 401 to 403

NIL DEBET,

plea of, abolished, iii. 726

NISI PRIUS,

jurisdiction of judge at, iii. 39

in London and Middlesex, id.

formerly the chief justice presided at, iii. 39, 40

now either judge or baron may, iii. 40

inconvenience of sittings during term, id.

enactment of 11 G. 4, and 1 W. 4, c. 70, s. 7, respecting, id.

number of days allowed, id.

proviso for trial at bar, id.

jurisdiction of Court to grant or refuse special jury, iii. 41

judge or Court will not interfere with cause list of another judge, iii.41 or order the trial of a special jury cause, id,

NISI PRIUS-(continued.)

though rule obtained for delay, iii. 41

or restore cause struck out, id.

application to be made to the chief justice at chambers, id.

amending postea, id.

power as to amendments, iii. 42, 43. See Amendments.

when decision of judge conclusive, iii. 44

no appeal against judge's refusal to amend, id.

when amendment permitted, party complaining may apply to Court,

iii. 43

should liberally exercise power as to amendment, iii. 44

cannot avoid effect of a release pleaded puis darrein continuance, id.
trial then instanter suspended, iii. 45

future proceedings in banc, id.

prescribed number of sittings at, iii. 91

trial at, by consent, iii. 92

trial of, and incidents, iii. 866 to 926. See Trial.

withdrawing record at, iii. 870, 871

NISI PRIUS RECORD, iii. 804 to 806. See Record.
variance between and issue when ground for new trial, iv. 68
when plaintiff entitled to, iv. 97

plea of nonjoinder ineffectual, where omitted party resides out of the kingdom, id.
effect of 3 & 4 W. 4, c. 42, s. 8, in cases of, iii. 126, 127

NONJOINDER-(continued.)

commencement of second action after plea in abatement for nonjoinder, iii. 459,

467

form of, 459

NON OMITTAS CLAUSE,

statement of, in writ, iii. 190, 310

NON-PAYMENT. See Bills of Exchange.

requisites in forms of notice of non-payment, i. 500.

forms of notice of, i. 502, 503

NON PROS. See Declaration.

if judgment for, not signed, plaintiff may declare within a year, iii. 445
proceedings to enable defendant to sign judgment for, iii. 448

rule to compel plaintiff to declare, when necessary, id.
demand of declaration, when necessary, id.

form of demand of, id.

signing judgment of, iii. 449

setting aside judgment of, iii. 450

of compelling plaintiff to submit to, iii. 745

NONSUIT, JUDGMENT AS IN CASE OF, iii. 784
-enactment of 14 G. 2, c. 17, respecting, id.

Reg. Gen. of H. T. 2 W. 4, iii. 784, 785
reasons for and against motion for, iii. 785
practice on moving for, iii. 786

time of moving, iii. 786, 787

in King's Bench, iii. 787

in country causes, iii. 789

in Common Pleas, iii. 790

in the Exchequer, id.

of proceedings on trial for judgment as in case of, iii. 791

what a sufficient excuse for delay, id.

what not, iii. 792

of peremptory undertakings, iii. 793

of signing judgment after nonsuit, iv. 104. See Final Judgments.

NONSUITS, MUST BE VOLUNTARY, iii. 910

exist in every state of Europe, id.

peculiar weight and respect attached to their acts, id.

must serve by indentures of apprenticeship for seven years, id.

such indenture must be duly stamped, id.

such service must be bona fide during the whole term, id.

what not a sufficient service, id.

may stipulate to pay part of profits to widow or family of deceased partners, ii. 36, note. And see 41 G. 3, c. 76, also 3 & 4 W. 4, c. 70, amending the same, in Chitty & Hulme's Col. Stat. 699, 700; and Candler v. Candler, 1 Jac. Rep. 231, 232

to practise must obtain a faculty, ii. 36

if guilty of misconduct, may be struck of the Roll of Faculties, id.
penalty of 501. for practising without being admitted, id.

provisions of the statutes respecting, ii. 37

when any attorney or solicitor may practise as notary, id.
by 44 G. 3, c. 98, may draw deed, conveyance, &c. id.
but not be concerned in any suit, id.

NOTES OF JUDGES,

affidavit in support of, requisite, iii. 535

NOTES OF TRIAL,

duty of junior counsel to take, iii. 879
the like of attorney, id.

NOTICES. See Forms.

Advertisements.

by registry of deeds, i. 305

of legal or equitable mortgage, i. 106, 336

the expediency of giving a notice, &c., before litigation in general, i. 441

to be framed to avoid libel, i. id.

the absolute necessity for, in some cases, i. 568, n. (d)

not strictly necessary when the fact more properly in knowledge of other party,
i. 596

when advisable to be in writing, i. 496

advisable to give particular, but when in Gazette sufficient, i. 444, 447, 503
when in Hue and Cry, i. 447

advisable in various modes suggested in case of loss of bill or note, &c. i. 447
how full the notice should be, i. 446 to 449

the several instances enumerated and considered, i. 441 to 585. See tit. Pre-
cautionary Measures.

general precautions in letters and notices, i. 441; see tit. Letters.

1. not to trust a wife, i. 441

5. of loss of bill or note, or of fraud, forgery, &c. i. 446
full directions how to give such notice, i. 446 to 449

6. of apprentice or journeyman illegally absent, i. 449

7. not to trespass, i. 450 to 453

8. of way having been stopped, or danger in a close, i. 453
9. to ascertain any event, id.

notice of assignment of a debt, i. 459, 461, 463

to one of several trustees sufficient, i. 463

to tenants of conveyance, &c. i. 465

of a mortgage, i. 468

of a trust, i. 471

notices to quit, i. 483

notices by carriers, i. 487

of lien, i. 492; ii. 69, 70

notice of performance of condition precedent, i. 494 to 496

to take away goods bought, i. 496

of non-payment of bills or notes and forms, i. 499 to 505

to a party who has agreed to indemnify, utility of, but not necessary, i. 497
notice of a tender, i. 508

repetition of notice and form of, i. 510

notices by executors for debts and claims, i. 521, 522

an heir or next of kin, &c. i. 554

demand of goods by owner, i. 565

by reversioner of his interest in goods seized by sheriff, i. 568

of property being in house or on land of another, id.

to an occupier to remove nuisance on his own land, i. 569

of a tree having been blown down on land of another, and of intention to re-
move same, id.

to cease a permitted nuisance, i. 570

suggested form of, to remove a nuisance, id.

correct notices requisite in all cases, i. 568

notices after inception of injury in cases of contracts, i. 582

notice and demand rescinding purchase of goods bought by an infant, i, 582

to an indemnifying party, utility of, but not requisite, i. 584

of having removed a private nuisance to ancient lights and of materials, i. 651

of warrant or official power to apprehend, i. 632

of intention to apply for examination previous to admission to practise as an at-
torney, &c. ii. 12 a

where to be left, id.

and entered at judge's chambers, ii. 12 c

of lien, when necessary, i. 492

service of notices, iii. 59, 105, 110

must be before nine at night, iii. 110

delivery of, sealed up, iii. 111

of justification of bail, id.

letter giving notice on Sunday need not be opened till Monday, iii. 104

in writ to defendant, iii. 200, 206

of trial and inquiry, iii. 59

suggestions respecting, iii. 80

four days' notice that bail will be put in and justified in Court in person, iii. 380

notice of justifying at chambers in vacation, id.

entry of exceptions, iii. 381

notice of entry, id.

notices of justification in Court of King's Bench or Exchequer, id.

indorsement on notice of attorney's name and abode, ii. 68 why requisite, id.

what a sufficient description, id.

under 7 & 8 G. 4, c. 29 and 30, one calendar month's notice of, must be given, ii.